1. Employee and Employer Contributions
401(k) accounts generally include employee salary deferrals and often an employer match. It’s crucial to address:
- Whether both employee and employer contributions are divided
- If the employer match is subject to vesting (more on that below)
Make sure your QDRO clarifies those points. If the employee has both pre- and post-marital contributions, the QDRO should define the marital portion clearly—typically using a date-of-marriage to date-of-separation formula or a percentage.

